Human Resources 101

On May 10, 2006, the Human Rights Panel of Alberta confirmed the principle that employers cannot discriminate against pregnant employees. In Baker v. Crombie Kennedy Nasmark Inc. (“CKN”), the complainant alleged that she suffered discrimination in the area of employment practices on the ground of gender contrary to section 7 of the Human Rights, Citizenship and Multiculturalism Act.

There are several things employers can learn from this judgement that can help reduce human rights problems as well as general employment issues.

1. The first lesson is related to human rights, don’t ask questions in the areas protected by human rights legislation. In this case, asking Baker when she planned to have children violated Alberta’s Individual Rights Protection Act.
2. Also related to human rights, make sure you have clear policies around discrimination/harassment issues and your staff understand their responsibilities relative to these policies.
3. Watch the time factor for probationary periods, In Alberta, that is 90 days. If you wait to day 91, the probationary period no longer applies.
4. Don’t leave early performance issues to day 90. Invest some effort in developing skills or correcting problems from the beginning of the employment relationship.
5. Ensure that you have clear policy and procedures around performance evaluation and that standards are based on clear job descriptions and task lists.

In this case, it looks like a deliberate decision was made to terminate an employee because of pregnancy. However, it wouldn’t take too much careless to put an employer in a similar situation. Some reasonable attention to process on the front end will reduce these types of human rights complaints.

Download judgement from Alberta Human Rights. (pdf)

Technorati Tags: Human Rights, Discrimination, Gender, Performance Management